((a)) ** .—** A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.

((b))

((1)) ** .—** For purposes of subsection (a), the term “seaman” does not include an individual who—

((A)) is an aquaculture worker if State workers’ compensation is available to such individual; and

((B)) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.

((2)) ** .—** In this subsection, the term “aquaculture worker” means an individual who—

((A)) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—

((i)) the cleaning, processing, or canning of fish and fish products;

((ii)) the cultivation and harvesting of shellfish; and

((iii)) the controlled growing and harvesting of other aquatic species;

((B)) does not hold a license issued under section 7101(c); and

((C)) is not required to hold a merchant mariner credential under part F of subtitle II.